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Rule 215a. Refusal to Answer Question or Interrogatories; Consequences (1962)

TEXT

(a) Refusal to Answer. If a party or other deponent refuses to answer any question propounded upon oral examination or written interrogatories, or refuses to comply with a subpoena duces tecum after proper service thereof, the examination shall be completed on other matters. Thereafter, on reasonable notice to all persons affected thereby, either party may apply to the court in which the action is pending or to the district court in the district where the deposition is taken for an order compelling an answer, or for an order directing compliance with such subpoena duces tecum, or for an order requiring the remainder of the deposition to be taken before the judge of such court. If the motion is granted and if the court finds that the refusal was without substantial justification the court may require the refusing party or deponent to pay to the examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied and if the court finds that the motion was made without substantial justification, the court may require the examining party to pay to the refusing party or witness the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees.

(b) Failure to Comply with Order. If a party or other witness refuses to be sworn or refuses to answer any questions, or to comply with such subpoena decus tecum, after being directed to do so by the court in which the action is pending or by the district court in the district in which the deposition is being taken, the refusal may be considered a contempt of that court. Or the court in which the action is pending may make such orders in regard to the refusal as are just, and among others, those permitted by Rule 170.

(c) Failure of Party or Witness to Attend. If a party or an officer or managing agent of a party, except for good cause shown, fails to appear before the officer who is to take his oral deposition or his answers to written interrogatories or cross-interrogatories under these rules, after proper service of subpoena, the court in which the action is pending on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or direct that such party shall not be permitted to present his grounds for relief or his defense, or enter a judgment by default against that party, or make such other order with respect thereto as may be just.

Any witness who, except for good cause shown, fails to appear before the officer who is to take his oral deposition or answers to written interrogatories or cross­interrogatories under these rules, after proper service of subpoena, may be punished as for contempt of the court in which the action is pending or of the district court in the district in which such deposition or answers are to be taken, and an attachment may issue out of such court for such witness, as in ordinary civil cases.

Amended by order of April 12, 1962, eff. Sept. 1, 1962: Court authorized to direct compliance with a subpoena duces tecum and impose sanctions in the event such order is not obeyed.